Specific Claims Tribunal Act (S.C. 2008, c. 22)

General

Regulations

Marginal note:Regulations

39 The Governor in Council may make regulations adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government.

Annual Report

Marginal note:Annual report

• 40 (1) The Chairperson shall submit an annual report on the work of the Tribunal in a fiscal year and its projected activities for the following fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Tribunal and any report on them of the Auditor General of Canada.

• Marginal note:Resources

  (2) The annual report may include a statement on whether the Tribunal had sufficient resources, including a sufficient number of members, to address its case load in the past fiscal year and whether it will have sufficient resources for the following fiscal year.

• Marginal note:Tabling of report

  (3) The Minister shall submit a copy of the report to each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister.

Review and Report

Marginal note:Review

• 41 (1) Within one year after the fifth anniversary of the coming into force of this Act, the Minister shall undertake a review of the mandate and structure of the Tribunal, of its efficiency and effectiveness of operation and of any other matters related to this Act that the Minister considers appropriate. In carrying out the review, the Minister shall give First Nations an opportunity to make representations.

• Marginal note:Report

  (2) Within one year after a review is undertaken, the Minister shall cause to be prepared and sign a report that sets out a statement of any changes to this Act, including any changes to the Tribunal’s functions, powers or duties, that the Minister recommends and the representations which have been made by First Nations.

• Marginal note:Tabling and referral of report

  (3) The Minister shall submit to each House of Parliament a copy of the report on any of the first 90 days on which that House is sitting after the Minister signs the report, and each House shall refer the report to the appropriate committee of that House.

Transitional Provisions

Marginal note:Existing claims

• 42 (1) If a First Nation has submitted a claim based on any one or more of the grounds referred to in subsection 14(1) to the Minister before the day on which this Act comes into force containing the kind of information that would meet the minimum standard established under subsection 16(2), or if the claim is being negotiated on the day on which this Act comes into force, the claim is deemed to have been filed with the Minister in accordance with section 16, or the Minister is deemed to have decided to negotiate the claim and to have notified the First Nation in writing of that decision, as the case may be, on the day on which this Act comes into force.

• Marginal note:Examination by Minister

  (2) Within six months after the day on which this Act comes into force, the Minister shall examine all claims — except those that the Minister has notified the First Nation in writing of the Minister’s decision not to negotiate, in whole or in part — that are based on any one or more of the grounds referred to in subsection 14(1) submitted by First Nations to the Minister before the day on which this Act comes into force, and

  • (a) if a claim contains the kind of information that would meet the minimum stand- ard established under subsection 16(2), the Minister shall notify the First Nation in writing that its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force;

  • (b) if a claim does not contain that kind of information, the Minister shall request in writing that the First Nation provide the Minister with the missing information; or

  • (c) if a claim is being negotiated, in whole or in part, the Minister shall notify the First Nation in writing that for the purpose of section 16 the date of the Minister’s decision to negotiate the claim is deemed to be the day on which this Act comes into force.

• Marginal note:Amended claim — deemed filing date

  (3) If a First Nation provides the Minister with the information requested under paragraph (2)(b)

  • (a) within six months after the date of the Minister’s request, its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; or

  • (b) later than six months after the date of the Minister’s request, its claim will be filed with the Minister in accordance with section 16 on the date the requested information is received by the Minister.

• Marginal note:Notice of filing date

  (4) On receiving the information referred to in paragraph (2)(b), the Minister shall notify the First Nation in writing of the date on which its claim was filed with the Minister.

Marginal note:Previous decision not to negotiate

43 For greater certainty, if, before the coming into force of this Act, a First Nation has been notified by the Minister of his or her decision not to negotiate a claim, the First Nation may not file that claim with the Tribunal on the basis of that decision but nothing prevents the First Nation from filing the claim with the Minister after the coming into force of this Act.

Consequential Amendments

Access to Information Act

44 [Amendment]

45 [Amendment]

Federal Courts Act

46 [Amendment]

Financial Administration Act

47 [Amendment]

48 [Amendment]

49 [Amendment]

Privacy Act

50 [Amendment]

Public Service Superannuation Act

51 [Amendment]

Repeal

52 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*53 This Act comes into force 120 days after the day on which it receives royal assent.

• Return to footnote ^*[Note: Act in force October 16, 2008.]